The High Court has refused a farmer’s application to overturn an assessment of about €86,000 in legal costs awarded to An Bord Pleanála following a planning judicial review.
Mr Justice Hedigan ruled that the court’s review was limited to whether the Taxing Master properly assessed the value of work done. He found no grounds had been advanced against the individual allowances and said the total did not appear excessive given the four-day judicial review.
The applicant, Volkmar Klohn, sought certiorari quashing the Taxing Master’s decision and a direction that Article 10a of the Environmental Impact Assessment Directive be considered when taxing costs in environmental cases. He argued that the provision, and the Aarhus Convention, required proceedings not to be prohibitively expensive. He also pointed to his limited means and said the Taxing Master had not considered his own legal costs.
The costs followed an unsuccessful challenge to An Bord Pleanála’s decision to uphold planning permission granted by Sligo County Council to Matthews Animal Collection Limited for a fallen animal unit at Achonry, Co Sligo. In May 2008, the High Court ordered the applicant to pay the respondent’s and second notice party’s costs, to be taxed and ascertained. The applicant did not appeal the earlier ruling that Article 10a did not apply.
The court said the planning application was lodged on 9 September 2003, An Bord Pleanála made its decision on 20 April 2004, and the judicial review began on 24 June 2004. All preceded 25 June 2005, the deadline for implementing Article 10a. The judge held that the provision could not apply to the case and could not affect taxation of the respondent’s costs. He also said the applicant could not use the taxation review to reopen the earlier ruling.
The court noted that the Taxing Master had allowed approximately €86,000, including solicitors’ fees, counsel’s fees, VAT, stamp duty and sundries. It refused the reliefs sought. The Aarhus Convention did not apply, the judge said, because Ireland had not formally ratified it.